Telegraph Herald
Wednesday May 9, 1866

Special Session of the City Council.



ed note:“An ordinance for the better protection of the property and lives of the citizens against fire.”
May 8th, 1866. —The City Council in pursuance of the notice given, met yesterday at 2 P. M. the Mayor and all of the Aldermen being present.

His honor, (the Mayor), after the roll being called, stated the cause of his calling the Board together. Several of the members had requested him to call the session to take an important matter into consideration—the storing of coal oil, Benzole and other inflammable oils in the populous portions of the city. It was, in his opinion, the duty of the Aldermen to put a prohibition on such articles, and he desired them to take action on the matter. He alluded to the narrow escape our city had on Sunday night from a terrible conflagration from these oils, and said our citizens could never repay our firemen for the heroism and daring, they exhibited on that occasion.

Another matter he deemed of importance, and to which he called their attention. At the time of fires, citizens failed to assist the firemen in extinguishing them. He had frequently to threaten them with incarceration before he could get them to render the assistance that the occasion called for. He felt ashamed for men who could stand and look on their neighbors’ property being consumed without offering a helping hand to prevent it –whose only plea when appealed to for help, was the puny one of ill health. If they were unwell, such a place was no place for them. He believed that an imperative ordinance was needed to compel citizens to assist firemen only asked such assistance when they were exhausted.

Alderman Ryan referred his Honor to page 79 of the Book of Ordinances, which he though met the case in point. The Chief Engineer, and his Assistant, had power by the ordinance to exact such a duty.

Alderman Hetherington said our only difficulty was out imperfect organization in the Fire Department. At present the offices of Chief and Assistant Engineers were vacant. These filled, and the ordinance enforced, was all that is necessary.

Alderman Mulkern said that in order to have something to talk to, and test the sense of the Council, he would offer the following resolution:

Resolved, That in the opinion of this Council, the storing of oils, such as Benzole, coal oil and other combustible and inflammable articles in large quantities, within the populous portions of the city, is alike dangerous to the lives and property of the people, and ought to be prohibited.

Resolved, That an ordinance be prepared and adopted for the better protection of the people against fire.

Ald. King said he could support the resolution if carbon oil was exempted.

Ald. Ryan moved to amend by striking out kerosene oil.

Ald. Ryan’s amendment brought about quite a discussion, Aldermen Bush and Mulkern opposing it, claiming that coal oil was dangerously combustible, and Aldermen King, Matthews, Hetherington and Ryan advocated its adoption, taking the ground that it was not more dangerous than many other articles of commerce, such as whisky, &c.

There being no second to either the resolution or amendment, Alderman Mulkern, Chairman of the Committee on Ordinances, said it was as easy to draft an ordinance as a resolution, and sat about doing it. In a brief space of time he reported the following ordinance, which was read, amended, debated, sparred at, and adopted section by section, and finally, after much trial and tribulation was adopted as a whole, title and all, by a unanimous vote.

“An ordinance for the better protection of the property and lives of the citizens against fire.”

Section 1. —Be it ordained by the City Council of Dubuque that it shall be unlawful for any person or persons to keep or permit to be kept on his or her or their premises within the city limits for private use or for sale, more than one barrel of any of the following oils at any one time, to wit: Benzole, Benzoin, Naptha, Gasoline, Benzine, as also such other oils as are generally conceded to be explosive. Provided, that the City Council may select a place where such oil can be kept in larger quantities, during the pleasure and under the direction of the Council.

Section 2. —That all coal oil kept for sale or traffic within the city limit shall be in cellars below the surface of the ground at least five feet from the lowest edge, and in no larger quantity than one car load shall be stored or kept at any one place. Any person offending against this section shall be punished by a fire of not less than twenty dollars nor more than one hundred for every such offense.

Section 3. —It shall be the duty of the Mayor, City Marshal and Aldermen, or either of them, to notify any person keeping oil in violation of the first section of this ordinance to remove the same. A failure on the part of the person so notified to comply within ten days after notice shall subject the offender to a fine of not less than twenty dollars nor more than one hundred dollars, and for a like penalty for every twenty-four hours he may allow the same to continue.

Section 4. —This ordinance shall be in force from and after its publication in the Daily Herald and the Dubuque Daily Times.

Alderman King then offered the following resolution, which was adopted.

Resolved. That the Marshal be directed to lay a plank sidewalk on Eagle Point Avenue, three feet wide, from Mr. Klingenberg’s store to the bridge leading to the Fifth Ward School House, or opposite the same on both sides of said street—according to an ordinance for laying down sidewalks.

Aldermen Mulkern presented the following resolution:

WHEREAS, The terrible attempt to destroy the Turner Hall building a few nights ago, has impressed upon the public mind the necessity of using all necessary and proper precautions against fire; and

WHEREAS, The several Fire Companies now organized have made just, and frequent complaint to the City Council of the want of suitable apparatus; and

WHEREAS, The many warnings of our firemen, who sometimes risk their lives gratuitously for the preservation of their neighbors property, have been thus far unheeded.

Resolved, That the committee on Fire Departments, be, and they are hereby instructed, to confer with the foreman of the fire companies, and after ascertaining the condition of said companies, they are hereby authorized in their discretion to supply such hose and other necessaries as may be required. Adopted.

The Mayor called the attention of the council to the fact that Mr. Martin offered to convey the water from the Custom House into one or two or more cisterns, if the city would construct the same—that we would cover the same with the flagging of the sidewalk, and keep them in repair. The matter was referred to a committee consisting of Aldermen Cummings, Jaeger and Hetherington.

On motion of Alderman King the bill of George Kirk for $5.00 against the city was allowed.

The firemen of the city were requested to hold an election for Chief and Assistant Engineer on Monday the 21st inst., at the city court room.

The following resolution by Ald. King was adopted:

Resolved, That Alderman Lembeck be authorized to cause blinds to be put on the windows of the sexton’s house at the earliest convenience.

On motion the council adjourned.